Rajasthan Court September 1985 Judgments
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Shankar Vs. State of Rajasthan
Court: Rajasthan
Decided on: Sep-05-1985
Reported in: 1985WLN(UC)291
Shyam Sunder Byas, J.1. Accused Shankar was convicted under Section 4(2) of the Rajasthan Prohibition Act, 1969 and was sentenced to seven months' rigorous imprisonment with a fine of Rs. 500/-in default of the payment of fine to further undergo one month's simple imprisonment by the learned Munsif and Judicial Magistrate, Jalore by his judgment dated December 29, 1976. The accused went in appeal. His appeal was dismissed and his conviction and sentence were maintained by the learned Sessions Judge, Jalore, vide his judgment dated December 15, 1978. The accused has, come-up in revision.2. In brief, the case set-up by the prosecution is that on October 14, 1970, a search of the accused's house was taken by the Excise Inspector Mr. Ganga Shanker (PW 6). Six gunny bags containing 133 bottles of liquid-contents were found in his house. Two gunny bags had twenty bottles each, three gunny bags had 25 bottles each while in one, there were eighteen bottles. In the gunny bag which had 18 bottle...
Dr. Dharmendra Kishore Sharma Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Sep-05-1985
Reported in: 1985WLN(UC)215
Ashok Kumar Mathur, J.1. The petitioner has filed this writ petition challenging the order Annexure-1, whereby the petitioner has been found to be ineligible for the post of Lecturer in Forensic Medicine.2. The petitioner obtained his post graduate degree in Forensic Medicine from the Lucknow University in December, 1978. The petitioner was appointed on the post of Lecturer in Forensic Medicine through a Central Selection Committee on temporary basis. The post of Lecturers in Forensic Medicine were advertised by the Rajasthan Public Service Commission, Ajmer (here in after referred as the Commission). In pursuance of this the petitioner applied for the post of Lecturer in Forensic Medicine and the Commission after examining his qualifications informed the petitioner vide Annexure 1 that since the post graduate degree recognised by the Lucknow University has not been recognized by the Medical Council of India, therefore, he is not eligible for the post of Lecturer in Forensic Medicine.3...
State of Rajasthan Vs. Tejaram
Court: Rajasthan
Decided on: Sep-05-1985
Reported in: 1985WLN(UC)500
Kanta Bhatanagar, J.1. Appeallant Tejaram was tried for the offence under Section 302 IPC by the Sessions Judge. Sirohi. By the judgment dated 20th April, 1985. he was held guilty for that offence and death sentence was passed. The learned Sessions Judge submitted the proceedings to this Court under Section 366 Cr. PC for confirmation of the death sentence. Appellant Tejaram felt aggrieved by the judgment of conviction and preferred appeal in this Court. As the death reference and the appeal filed by Tejaram arise out of the same judgment, we propose to dispose both of them by a common judgment.2. Succinctly narrated the facts of the case giving rise to the trial of the appellant, his conviction and sentence and the reference by the learned Sessions Judge and the appeal by Tejaram are as under ;3. On 8-6-1983 at about 8.30 A.M. Nathmal (PW 9) Sarpanch Panchayat Varada lodged report at police station Barloot before SHO Jafar Ali PW 16 to the effect that Teja Ram armed with 'Pharsi' (axe...
Man Industrial Corporation Vs. Rajasthan State Electricity Board and o ...
Court: Rajasthan
Decided on: Sep-04-1985
Reported in: 1985(2)WLN189
ORDERS.C. Agrawal, J. 1. This writ petition and other writ petitions, a list of which is annexed as Schedule 'A' to this order, which are being disposed of by this order, raise a common question as to whether the petitioners are entitled to proportionate reduction in the minimum charges payable by them for the electric energy supplied to them in the event of curtailment of the supply of the electric energy to them on account of imposition of the power cut.2. The Rajasthan State Electricity Board (hereinafter referred to as 'the Electricity Board') has been constituted under the provisions of the Electricity (Supply) Act, 1948 (hereinafter referred to as 'the Electricity (Supply) Act'. The Electricity Board undertakes the generation and supply of electricity to the various consumers in Rajasthan and in the exercise of its powers, it is governed by the provisions of the Electricity (Supply) Act. Under 26 of the Electricity (Supply) Act, the Electricity Board, in respect of the whole Stat...
Commissioner of Wealth-tax Vs. Smt. S.K. Bader and ors.
Court: Rajasthan
Decided on: Sep-04-1985
Reported in: (1986)52CTR(Raj)68
1. These wealth-tax reference petitions filed under Section 27(3) of the Wealth-tax Act, 1957, raise common questions and, therefore, they are being disposed of by this common order.2. D.B. Wealth-tax Reference Petition No. 214 of 1985 relates to the assessment year 1974-75 and the other three reference petitions relate to the assessment year 1975-76. In Wealth-tax Reference Petitions Nos. 213 and 214 of. 1985, the assessee is Smt. S. K. Bader, in Wealth-tax Reference Petition No. 217 of 1985, the assessee is Shri Gulabchand Bader, and in Wealth-tax Reference Petition No. 221 of 1985, the assessee is Shri H. C. Bader, Smt. S. K. Bader and Gulabchand Bader are partners of M/s. K. D. Jhaveri, Jaipur, which carry on the business of purchase and sale of precious and semi-precious stones both in India and abroad. Shri H. C. Bader, the assessee, in W.T. Reference Petition No. 221 of 1985, is a partner of the firm, M/s. Cosmopolitan Trading Corporation, Jaipur, which also carries on the busin...
Commissioner of Wealth-tax Vs. S. K. Bader and Others.
Court: Rajasthan
Decided on: Sep-04-1985
Reported in: (1987)52CTR(Raj)68; [1987]167ITR890(Raj)
These wealth-tax reference petitions filed under section 27(3) of the Wealth-tax Act, 1957, raise common questions and, therefore, they are being disposed of by this common order.D.B. Wealth-tax Reference Petition No. 214 of 1985 relates to the assessment year 1974-75 and the other three reference petitions relate to the assessment year 1975-76. In Wealth-tax Reference Petitions Nos. 213 and 214 of 1985, the assessee is Smt. S. K. Bader, in Wealth-tax Reference Petition No. 217 of 1985, the assessee is Shri Gulabchand Bader, and in Wealth-tax Reference Petition No. 221 of 1985, the assessee is Shri H. C. Bader. Smt S. K. Bader and Gulabchand Bader are partners of M/s. K. D. Jhaveri, Jaipur, which carry on the business of purchase and sale of precious and semi-precious stones both in India and abroad. Shri H. C. Bader, the assessee, in W.T. Reference Petition No. 221 of 1985, is a partner of the firm, M/s. Cosmopolitan Trading Corporation, Jaipur, which also carries on the business of e...
Praduman S/O Kanwar Lal Koli Vs. State of Rajasthan
Court: Rajasthan
Decided on: Sep-04-1985
Reported in: 1985(2)WLN479
Guman Mal Lodha, J.1. It is common ground that the appellant Praduman Kumar has already under gone the sentence of more than 10 years because, he was arrested on 1-8-1973 and the bail was granted on 9-8-1982. After the adjustment of period of remission which he is entitled to get, the period as calculated by the learned counsel for the parties comes to more than 10 years, although actual period is 9 years and 8 days.2. The appeal relates to the death of Chhagan Lal alleged to be caused by the appellant who is son of Kanwar Lal, Kanwar Lal and Chhagan Lal are said to be real brothers. The dispute was about some money.3. The facts of the case are given in details by the learned trial Judge in his judgment, and we are not required to mention it here because of the reasons that in view of the above, Shri Biri Singh has pressed the appeal for conversion of the conviction and sentence under Section 302, IPC into Section 304, Part II, IPC. An important feature of the case which is undisputed ...
Zahid HussaIn and 4 ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Sep-04-1985
Reported in: 1985(2)WLN523
Gopal Krishan Sharma, J.1. Appellants Zahid Hussain, Gulam Mustafa Ishrad Ali, Aghaz Mehandi and Mohammed Sadiq have filed Cr.As.Nos. 124, 141,146 and 228 of 1984, against their convictions and the sentences passed by the Addl. Sessions Judge No.2, Jaipur City, Jaipur. Appellants Gulam Mustafa, Irshad Ali, Mohammad Sadiq along with appellant Aghaz Mehandi had been found guilty of the offence under Section 120B, and each of them has been sentenced to four years' rigorous imprisonment and a fine of Rs. 500/-; and in default of payment of fine, to further undergo three months' rigorous imprisonment each. These accused-appellants have also been found guilty under Sections 402 and 395, IPC. Under Section 402, IPC, each, of them has been sentenced to further four years' rigorous imprisonment and a fine of Rs. 500/-, and in default of payment of fine, to further undergo three months' rigorous imprisonment. Under Section 395, IPC, each of these accused-appellants has been sentenced to six mont...
State and ors. Vs. Bilkish Banu and ors.
Court: Rajasthan
Decided on: Sep-04-1985
Reported in: 1(1987)ACC296
P.C. Jain, J.1. This appeal has been directed against the Judgment and Award passed by the Claims Tribunal, Udaipur, dated 7-9-81 in case No. 275/78 (23/78).2. Briefly stated the facts of the case are that the deceased Shajuddin was a temporary employee at Mahi Dam Project, Banswara, while travelling in Truck No RJB 420 which was used as a vehicle for transporting the employees of Mahi Project met with an accident while going to Mahi Dam to Banswara city. On account of the death of Shajuddin in the accident the claimants filed a claims petition before the Accident Claims Tribunal, Banswara, claiming a sum of Rs. 1 lac. The claimants are Smt. Bilkish Banu widow of the deceased Shajuddin Shri Vahiduddin the father of the deceased and Smt. Asha Bibi mother of the deceased. In the claims petition it was alleged that the accident took place on 17th December, 1977, at about 2.30 P.M. near Kundla-sarhad District Banswara, when the vehicle was going down to hilly terrian. The driver of the veh...
Retired Contributory Provident Fund Holders Association Vs. State of R ...
Court: Rajasthan
Decided on: Sep-03-1985
Reported in: 1986(1)WLN633
Kishan Mal Lodha, J.1. This writ petition has been filed by the Retired Contributory Provident Fund Holders' Association, through its Chairman Shri M.R. Purohit against the State of Rajasthan under Article 226 of the Constitution on March 3, 1984. The writ petition was subsequently amended and the amended writ petition was filed on September 18, 1984.2. The members of the petitioner Association were employed in the erstwhile Princely State and they were the members of the Contributory Provident Fund Scheme, which was then prevalent in the former State of Jodhpur. After the formation of Rajasthan, they became the employees of the Government of Rajasthan and were governed by the Rajasthan Service Rules. 1951 (for short the Rules'). Under the P.F. Scheme, the members of the Contributory Provident Fund Scheme (CPF Scheme) used to give their own subscription and against this amount, equal amount was contributed by the Government. They exercised their option for PF and did not opt for pensio...
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